Skip to main content
· 11/4/2003

Wietschner v. Monterey Pasta Co.

Citations

  • 294 F. Supp. 2d 1102
  • 2003 U.S. Dist. LEXIS 24484
  • 2003 WL 22889372

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “there may [] be 19 other legitimate reasons for attempting to achieve sales earlier”
  • holding that “documents crucial to the plaintiff’s claims but not explicitly incorporated in a complaint can be noticed in order to prevent a plaintiff from surviving a Rule 12(b)(6) motion by deliberately omitting references to documents on which their claims are based”
  • taking judicial notice of Forms 4 because they were \integral to the stock sale allegations made in the Complaint\
  • granting judicial notice of Form 4s that 3 were “integral to the stock sale allegations made in the Complaint”
  • \Courts in this district have almost uniformly rejected the idea that allegations of channel stuffing are sufficient to plead a securities fraud violation.\
  • channel stuffing allegations insufficient to show that defendants acted with the requisite scienter

Source: CourtListener parenthetical corpus (CC0).

Judges: Jenkins

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.